Archive for December, 2018

Tech and media entrepreneur Justin Milne appointed chair of national broadcaster

By admin | 苏州桑拿

Justin Milne, the new chairman of the ABC, is a former filmmaker and serial entrepreneur who has been thinking about how television could be delivered over the internet for more than 20 years.
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Milne emerged as the government’s anticipated pick to helm the public broadcaster on Tuesday. He comes having carved a career rich in technology and broadcasting as well as blue chip corporate experience.

In an interview in 1995 about the potential for shopping via CD-ROM or over the internet, Mr Milne said: “Over time, new media will become the province of cash-rich, time-poor people, who will be prepared to pay to get the information and entertainment they want. Free-to-air TV will increasingly become the province of cash-poor, time-rich people.”

When he made those comments he was a co-founder of Globe Media, a content company that developed the first online car-shopping site in for Sydney City Toyota, including a classifieds section for selling used cars. Before that he was an Adelaide-based documentary maker.

After Globe Media, Milne went on to be a director of Microsoft’s MSN in , before leaving to start up his own company InfoBox, which was soon shut down by funder Kjerulf Ainsworth due to a lack of returns.

He resurfaced as head of datacasting at OzEmail in April 1998, after the internet company had listed on NASDAQ and when it wanted to buy digital spectrum and become a major datacasting player.

In December 1998 OzEmail was purchased by WorldCom (now part of Verizon) for $520 million – a deal that famously turned OzEmail’s then chairman and now Prime Minister Malcolm Turnbull’s $500,000 investment into $57 million.

Mr Milne became general manager of OzEmail by 1999 and was soon appointed chief executive.

But in November 2002 he jumped ship to rival Telstra, where former chief executive Ziggy Switkowski (now chair of NBN Co) recruited Mr Milne to run the retail internet BigPond division, which soon absorbed Telstra Media, the division that owns Telstra’s 50 per cent stake in Foxtel. (OzEmail was purchased by iiNet in 2005 after World Com went bankrupt in 2002.)

Mr Milne spent eight years at Telstra, where he introduced the T-Box – Telstra’s low-cost internet pay TV platform – before leaving in March 2010 to join the directors’ circuit.

Since leaving Telstra Mr Milne has been a director of the Sydney Children’s Hospital and Basketball .

In 2011 he became deputy chair of Quickflix after it purchased BigPond’s customers and library of DVDs. Mr Milne cut his ties with Quickflix in late 2012.

Former chair of Quickflix Stephen Langsford says of Mr Milne’s new appointment that he “brings to the ABC board passion and understanding of media, content and digital technology”.

Mr Milne is also non-executive chairman of ASX-listed accounting software company MYOB and of Netcomm Wireless, which recently won a multimillion contract to supply NBN Co with equipment for its fibre-to-the-curb [FTCC] rollout. And he is a director of Members Equity Bank.

He sits on the board of gaming giant Tabcorp, where he has been a member of the Tabcorp Audit, Risk and Compliance Committee and Tabcorp Nomination Committee since 2011.

Tabcorp was recently ordered to pay a $45 million fine for 108 breaches of ‘s Anti-Money Laundering and Counter-Terrorism Financing Act 2006 over the past five years.

In November 2013 Mr Milne was appointed to the NBN Co board after the incoming communications minister, Mr Turnbull, cleared out the board appointed by the previous Labor government. Mr Switkowski was appointed as chair in October 2013.

Mr Milne was recently re-appointed for another three year term at NBN Co.

And now he has been appointed chairman of a publicly funded free-to-air network, which, in his own words is the “province of cash-poor, time-rich people”.

What this intelligent “netrepreneur”, content-loving chairman and former Google-executive managing director Michelle Guthrie plan to do to old Aunty in coming years will be very interesting to see.

Grandmother charged with manslaughter over diabetic boy’s death

By admin | 苏州桑拿

The grandmother of a six-year-old diabetic boy who died after being deprived of insulin and food in a Sydney “self-healing” course has been charged with manslaughter.
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The 64-year-old woman, arrested on Tuesday, has become the third member of the same family arrested over the death.

Police last week charged the boy’s father, 56, and mother, 41, with manslaughter after arresting them at their home in Prospect in Sydney’s west.

The year 1 student, who cannot be named as an alleged victim of crime, attended the Tasly Healthpac medical centre in Hurstville in April 2015 for a week-long course with his parents.

Emergency services found him unconscious in a nearby hotel room, where he was staying, on April 28, 2015. He died at the scene.

Police will allege the parents and grandmother, who was looking after the boy before his death, were all “grossly negligent” in allowing the fasting and insulin deprivation during the $1800 course.

It was run by the self-described “healer” Hongchi Xiao, a Chinese-born man who continues to travel the world spruiking a therapy he calls paidalajin.

Paidalajin involves slapping the skin to the point of bruising, stretching and fasting to clear “meridians” in the body, allowing the dissolution of toxins, according to promoters.

“You have to be hard a little bit, cruel a little bit, but not too much,” Mr Xiao said when describing paidalajin in a video last year.

Mr Xiao, who was allowed to leave in the days after the boy’s death, continued to promote his so-called therapy and was last year linked to the death of a diabetic British woman.

Danielle Carr-Gomm, 71, died during a weekend retreat run by Mr Xiao in south-west England last October.

He was arrested on suspicion of manslaughter, then released on bail and was originally due to appear again in January before the date was set back.

His blog has promoted recent courses with him in Hong Kong and one in Malaysia in late March.

The blog says paidalajin is not meant as a “substitute for medical care” but Mr Xiao elsewhere promotes it as such, deriding Western medicine.

After the Sydney boy’s death, he denied responsibility on Facebook and posted a link to an Indian study purportedly showing improvements in diabetics after they went through paidalajin’s fasting and “healing crisis”.

The boy’s parents were granted conditional bail after court appearances last week. They are due to appear before court on separate dates.

The grandmother, who appeared before Blacktown Local Court on Tuesday, was granted strict conditional bail. She is due to face Downing Centre Local Court on May 11.

All three face a maximum of 25 years’ jail if convicted.

Sword of Damocles hangs over Turnbull

By admin | 苏州桑拿

Greens Senator Peter Whish-Wilson during the debate on the Temporary Budget Repair Levy Bills in the Senate, at Parliament House in Canberra on Monday 16 June 2014. Photo: Alex Ellinghausen Photo: Alex EllinghausenCome Thursday a royal commission or commission of inquiry into the scandal-ridden banking sector will be a genuine live issue in the Federal Parliament.
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From that point, the sword of Damocles will dangle precariously over Prime Minister Malcolm Turnbull’s head, waiting for the right moment to fall.

All it will take is one more Coalition MP in the lower house to cross the floor. Tick-tock, tick-tock.

The clock was set on Tuesday when a bill was tabled in the Senate with the backing of a majority of the upper house.

The bill’s signatories include Greens senator Peter Whish-Wilson, independents Derryn Hinch and Jacqui Lambie, Nick Xenophon and One Nation senators Pauline Hanson and Malcolm Roberts.

Nationals senator John Williams has agreed to cross the floor, while the Labor Party is also on board. It is now a waiting game.

Ironically, it seems almost everyone – including the banks – think that a royal commission or judicial inquiry is inevitable.

As Senator Whish-Wilson says in a second-reading speech, “trust has broken down and it urgently needs to be repaired”. Senator Whish-Wilson didn’t gild the lily. He said the various scandals have revealed issues that go to the stability of the n financial system and the performance and resilience of the n economy.

The bill seeks to appoint a commission to establish the “causal factors for this misconduct, including misaligned incentives, culture, inadequate regulation and regulatory power, and ‘moral hazard’ extending from government guarantees”.

The Coalition, for its part, is trying to prosecute the argument that self-regulation, beefed-up regulatory powers and bank bosses fronting Parliament twice a year will fix these deep-seated problems.

However, as each day goes by and more and more scandals emerge, their arguments are looking increasingly hollow and people are questioning what they are afraid of.

One only needs to look at the growing use of “independent” experts reports that are being used to get companies off the hook. The companies set the terms of reference and pay for the report. Their findings don’t fool anyone. They are essentially guns for hire that are constrained in their investigations by the terms of reference.

And the appearances by the bank bosses only served to prove that a holistic examination of the culture inside the financial system is needed and past behaviour addressed.

Despite all the protestations by the banks that the behaviour is down to a few bad apples, if a list of the scandals of the past few years were made, it would show that this is system failure.

Yet not one senior executive has been punted from their job. Where are the boards on this? The guardians of the social licence?

ASIC sometimes uses enforceable undertakings as punishment for wrongdoing, but given the lack of transparency in enforceable undertakings, it is hard to know how effective they are.

Each of the banks bosses has done a number of variations on the theme of mea culpas. But if change is to occur, it will require more than a few mea culpas, self-regulation, Senate inquiries and reviews conducted by bank-funded independent experts.

There needs to be accountability. Heads need to roll, remuneration needs to change, a proper compensation scheme needs to be rolled out and banks need to reset their culture.

The terms of reference are wide ranging, which is as it should be.

National Senator John Williams will cross the floor to support a bill that he says is necessary. Senator Williams has long supported a royal commission into the banks. Now he wants it opened up to include life insurance. The sort of evidence spilling out of the life insurance sector has toughened his stance on the need for a royal commission or commission of inquiry.

The inquiry into the $44 billion life insurance industry was called in response to the CommInsure scandal in March 2016 that exposed wrongdoing in Commonwealth Bank’s life insurance division, including the sale of life insurance policies that had decade-old medical definitions, allegations of file tampering and the denial and delaying of legitimate claims for profit.

“More evidence will come out in the future that I think needs further investigation,” he said.

The bill proposes a single commissioner, who is a former judge, who has the powers to compel witnesses and the production of evidence. This is light years away from the various Senate and parliamentary inquiries, which are limited by resources, time and powers.

The second reading of the bill concludes with a line that the Turnbull government would do well to think about: “This bill reiterates that the n people are the masters of the broader economy. We are not its servants.”

Man arrested after tense 17-hour stand-off with police on townhouse roof

By admin | 苏州桑拿

A man suspected of embarking on a crime spree, including a random triple stabbing at a Sydney gym, has been been arrested following a tense 17-hour stand-off with police on the roof of a Newcastle townhouse.
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Ricky Kincheila was taken into custody in dramatic scenes about 4.45am on Wednesday, after spending the night and much of the previous day perched on the roof of the townhouse in Tighes Hill, a north-western suburb of Newcastle.

At one point during the night, a tactical police officer was shown pointing a gun at the shirtless 27-year-old, who stood just metres away appearing calm and looking from side to side.

Detective Acting Inspector Jeff Little said early on Wednesday morning that police moved in to make the arrest after a “long night”.

“This person of interest was not interested in giving himself up, so his arrest was affected by us and it was taken by force,” he said.

“But I’m happy to say it ended the best possible way it could have, with no serious injuries to any person.”

Kincheila was assessed by NSW Ambulance paramedics and taken to Newcastle Police Station, where he was being questioned by detectives on Wednesday morning.

Police had closed in on Kincheila at the townhouse just before midday on Tuesday, following an alleged crime spree that began on Monday night with the theft of a black BMW convertible from a car wash in Crows Nest.

That car belonged to Bill Pulver, the n Rugby Union chief executive, whose daughter Maddie was held hostage as part of an extortion attempt in 2011.

Police allege Kincheila drove the stolen car to Vision Personal Training gym on Pittwater Road in Brookvale, where he allegedly stabbed three men who were working out with a personal trainer.

One of the victims was stabbed in the neck and required emergency surgery, while the two other men were taken to hospital with stab wounds to their arms and torsos.

Police allege Kincheila then drove to Sandgate in Newcastle where, two hours after the stabbing, he robbed two service stations on Maitland Road.

CCTV footage of the first of the service station robberies shows a man behind the counter, as a terrified shop attendant and a customer watch on. The vision shows a man struggling to wrench a cash register draw open with a knife before he begins to kick it.

The cash register is eventually broken free before the man runs off and gets back in a car.

Kincheila is accused of abandoning the BMW and taking another car owned by the residents of the Tighes Hill townhouse, who police described as “associates” of Kincheila. Police stressed the townhouse residents had no connection to the triple stabbing and armed robberies.

A police pursuit through Hamilton South on Tuesday morning also was allegedly started when Kincheila sped through a school zone. He initially pulled over, but allegedly sped off and triggered the pursuit.

Detective Inspector Peter Mahon said on Tuesday afternoon that inquiries in Hamilton South led them back to the Tighes Hill townhouse.

“When we’ve approached the premises, he’s obviously seen us and jumped out the window,” he said at the time.

“All we can do is sit it out. We’ll negotiate with him as long as it takes.”

Kincheila could be seen at various points throughout the day sitting on the roof gazing at the sky, as residents who were evacuated from the row of townhouses became increasingly agitated as the siege dragged on.

A shirtless Kincheila was also seen jumping from roof to roof, before lying down and spending much of the afternoon on a section of roof not visible by the public.

On Wednesday morning, Detective Acting Inspector Little thanked the residents of the townhouses who had been evacuated from their homes as police negotiated with Kincheila throughout the night.

???”I am really grateful for the patience exercised by the residents. They’ve been through a fairly traumatic night just by the mere fact that they’ve had to vacate their houses,” he said.

– with the Newcastle Herald

Turnbull under pressure as crossbench, Greens join forces for banking commission

By admin | 苏州桑拿

Prime Minister Malcolm Turnbull addresses the media after his roundtable meeting with representatives from the gas industry at Parliament House in Canberra on Wednesday 15 March 2017. fedpol Photo: Alex Ellinghausen Photo: Alex EllinghausenPressure is building for a commission of inquiry into ‘s scandal-plagued banking system after the Senate crossbench threw its weight behind a Greens bill to establish one.
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The private member’s bill is co-sponsored by Greens senator Peter Whish-Wilson and crossbenchers Nick Xenophon, Jacqui Lambie, Derryn Hinch and the current One Nation senators after extensive discussions between them during the past few months over the terms of reference for the inquiry.

The Labor Party is also expected to support the bill, which was tabled on Tuesday afternoon, while Nationals senator John Williams has confirmed he will cross the floor to vote for it. Senator Williams is a long-time supporter of a royal commission into the banks.

The move follows stiff resistance from the government against a royal commission into the banking sector despite ongoing scandals in financial advice, life insurance, investment schemes, unfair lending practices and alleged bank bill swap rate rigging.

The terms of reference will send a chill through banking channels as they widen the net to include executives who oversaw departments that engaged in rampant misconduct as well as chief executive officers.

The bill will be debated on Thursday in the Senate, however, a vote will not be immediately called on the issue to allow debate.

“The Greens have consulted across parties and the crossbench to make changes that have satisfied everyone,” Senator Whish-Wilson told Fairfax Media.

If the Senate passes the bill it would then go to the House of Representatives for a vote where the numbers were finely balanced after Liberal National MP George Christensen has already signalled he could cross the floor to vote in favour of an inquiry.

“After this all we will need is one additional Coalition MP to choose the interests of the people of their electorate over those of the banking sector and then this commission of inquiry can get up and running,” Senator Whish-Wilson said.

A commission of inquiry, like a royal commission, has powers to compel documents, testimony and court-ordered searches. A key difference is that under a royal commission the government has much greater control of the process. It can set the terms of reference and the royal commission reports to the government.

A commission of inquiry reports to Parliament.

If passed, the bill could be the first step towards a potential no-confidence motion against the government if it then decides not to support or fund the commission.

The move also comes as independent MP Bob Katter and Mr Christensen are currently working on a separate private member’s bill in the House of Representatives calling for a commission of inquiry into the banking sector. It is understood both men would support the bill tabled in the Senate.

The private member’s bill has been filed with extensive terms of reference that plan to target systemic issues in the sector.

A spokeswoman for the government said the government had set out its policy on the matter before the election, which included bolstering the n Securities and Investments Commission’s funding by $121 million and boosting its powers and enhancing surveillance capabilities.

“We are also granting greater access for the treatment of claims and complaints to the financial services ombudsman to ensure we have a better system for people to be able to get access to hearing and consideration of their issues,” the spokeswoman said.

Hunter BreakfastWednesday, March 22, 2017

By admin | 苏州桑拿

Hunter roads: All Hunter roads are clear this morning.
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Hunter trains: There is a good service on the Hunter line and on the Central Coast and Newcastle line and the Hunter line.

Hunter weather: Cloudy and a high chance of showers in Newcastle (28 degrees), Raymond Terrace is in for a cloudy day with showers (27 degrees), cloudy day for Maitland with showers (31 degrees) and a cloudy day with a high chance of showers and (31 degrees).

Hunter beachwatch:It’ll be warm and humid today and although there’s the chance of a shower or thunderstorm it should still be an okay beach day. The wind will have a bit of north-west in it early before heading north to north-east with the swell from the north-east around half to one metre. Wave conditions will a touch uneven but most breaks will be surfable. Around town try the Cowrie Hole, Newcastle, the Bar to Merewether stretch, North Dudley and Redhead. To the south try Hams, Catho, and Soldiers. At Port Stephens Birubi and Samurai will be the picks. There’ll still be some tricky edges and sweeps to the south so only swim in the flagged areas. The water temperature is 20 degrees.

►ONE of Newcastle’s busiest roads was brought to a standstillon Tuesday as a mansuspected of a triple stabbing and two armed robberies in the same night held police at bay in a siegethat lasted hours. The siege ended safely early Wednesday morning. More here.

► IT’S too late for Shortland Esplanade. That was the message to Newcastle City Council from Supercars chief executive James Warburton during a visiton Tuesday at which he said the race had been victim to “scaremongering” that would subside once East End residents experienced the race. More here.

► Work is due to start on May 1 to transform parts of Newcastle East into a Supercars track, including resurfacing all 2.6km of the circuit. More here.

►JIM Plummer thought two stainless steel wire rope locks would be enough security for his upmarket mountain bike when he and his wife Bronwyn dropped into the Kent Hotel for lunch two Sundays ago. More here.

►SCOT MacDonald has been named as the NSW government’s parliamentary secretary for the Hunter. Again. More here.

► THE tragic search for University of Newcastle international student Mohsin Awan, who is feared drowned after being swept from rocks at Nobbys Beach, has entered its fourth day. More here.

►NEWCASTLE has the potential to becomea global centre of innovation, if energy is channelled into fostering collaboration across different sectors and helping researchers learnhow to commercialise their findings. More here.

►James Courtney has raced open-wheelers at Monaco, but the former Supercars champion still sees the Newcastle track as something “unique”. More here.

►KNIGHTS coach Nathan Brown has defended his medical staff and labelled the club’sconcussion protocols among the best in the NRL. More here.

►SCOTT White understands what it is like to feel trapped by an overwhelming feeling of hopelessness. Almost 10 years ago, his mental health hit rock bottom, and he found himself writing a suicide note. More here.

►There’s nothing like feeling alone. Kazz Tokek knows this feeling too well. She is one of the lyme disease sufferers from the Hunter region who had their world turned upside down after a tick bite. More here.

►Water storage at Chichester Dam has gone up by 35 per cent in three days after rain soaked the region last week. More here.

►Maitland City Council has locked into place plans to secure its long term tenure of Maitland Gaol and to cement the site’s standing as one of the region’s iconic tourist attractions. More here.

►A charity has urged people not to leave unwanted items around donation bins. More here.

►STATE MP Greg Piper and Lake Macquarie City Council have left Premier Gladys Berejiklian in no doubt about the project they most want to see funded in the state Budget in June. More here.

►A DORA Creek pensioner who ‘won’ $US190,000 in a scratch-and-win card sent in the mail isn’t celebrating, but is instead cursing her luck. Agnes Day can’t believe that alleged scammers have targeted her. Again. More here.

►Brandy Hill and Seaham Action Group want quarry owners Hudson to come to the party if they are to support expansion plans. More here.

►A Rotary conference with up to 400 delegates will descend on Nelson Bay in 2018, worth at least$300,000to the Port Stephens economy. More here.

Need anational newssnapshot first thing – well, we have you covered.

Ricky Kincheila, of Wallsend, on top of the apartment block in Tighes Hill on Tuesday. Picture: Marina Neil

►NEWCASTLE:Oneof Newcastle’s busiest roads was brought to a standstillon Tuesday as a mansuspected of a triple stabbing and two armed robberies in the same night held police at bay in a siegethat lasted hours. Read more

► COOTAMUNDRA:A little boy has died after he was unknowingly hit by a car at a Cootamundra home on Tuesday afternoon. Police say a car was leaving the driveway of a home when the three-year-old was struck. Read more

Part of the multi-million dollar cannabis haul uncovered by police near Dubbo. Picture: NSW Police

►DUBBO:Two men accused of cultivating a cannabis crop with an estimated street value of about $3 millionat a remote property east of Dubbo have faced court. Read more

►KATHERINE:Today marks 75 years since Katherine was bombed by the Japanese during World War II. The Katherine raid came at the tail end of the wet season in 1942, a hail of shrapnel and high explosive from high in the sky.It was the furthest encroachment of enemy invasion ever recorded on mainland but most people have never heard of it. Read more

►BALLARAT:Ballarat’s dry spell has finally broken, with the gauge at the airportregistering more than 34mm of rain since storms rolled in on Monday evening. Read more

► REVESBY:A propeller that fell off a Regional Express flight from Albury has been found in bushland near a residential area in Sydney’s south-west. Read more

Hundreds of family, friends and former teammates packed out TREC on Tuesday to farewell sporting great, Michael Adams. Photo: Peter Hardin

►TAMWORTH: Hundredspacked outTamworth Regional Entertainment and Conference Centre to farewell former Great Britain rugby league representative and long-time Tamworth resident Michael Adams on Tuesday afternoon.Michael has been remembered as a sporting hero, devoted family man and a fiercely loyal friendto all those he metin his 65 years. Read more

►HAWKER:Residents of the Flinders Ranges gathered at the Hawker Sports Club on Sunday, March 19, for the thirdof a series of public meetings about the federal government’s proposed Barndioota nuclear waste facility. Read more

Switching: Wesley College students Tom, Annabelle, Hannah and Luca are part of a class leading the charge to rid Clunes of plastic bags.

►VICTORIA:Clunes looks set to be the next town to embrace plasticbag-free living thanks to a push from Wesley College students to implement a boomerang bag system throughout the town.

Port Fairy residents Kevin and Annie O’Toole lay sandbags to prevent water running into their house. Picture: Rob Gunstone

► PORT FAIRY: Kevin O’Toole is praising Port Fairy SES and the local community after his house narrowly escaped flooding in Tuesday’sheavy rains. Read more

►ILLAWARRA:Three Illawarra private hospitals will be sold to a Chinese-owned health operator, in a transaction believed to be worth more than $50 million. Read more

National news Former prime minister Julia Gillard will head up beyondblue.

►Former prime minister Julia Gillard has been appointed as chairwoman of the national depression initiative beyondblue, replacing former Victorian premier Jeff Kennett. Read more

►Police minister Troy Grant has been fined $325 for taking a photo of a sheep with his mobile phone while he was behind the wheel of his car. Mr Grant was stopped for road works and snapped the picture of a ewe, which was in the boot of the car ahead of him.He later posted it to Twitter. Read more

►Kate Zizys, 46, has been underemployed her entire working life in . Earning less than $20,000 a year from casual work, she is one of 1.1 million ns who want more hours of work than they are getting.New figures from the n Bureau of Statistics show the official unemployment rate has increased from 5.7 to 5.9 per cent. Read more

►Food companies are being accused of hiding the unhealthiness of products by keeping the packaging void of health star ratings. Read more

National weather radarWhat’s coming your way …

International news►WASHINGTON: There was the first formal revelation that the FBI is investigating possible collusion between Russia and the Trump campaign; and there was a new benchmark in fact-checking – the President’s real-time tweets were being checked with intelligence chiefs even as they continued to testify before the House Intelligence Committee. Read more

East Timorese politician and the President of the Revolutionary Front, Francisco Guterres, known as Lu’Olo. Photo: Wayne Lovell/Timor photography

►DILI:A veteran guerrilla commander is heading for a decisive victory in East Timor’s presidential elections and is expected to be sworn in as the country’s next head of state in May. Read more

►LONDON:Britain has set its date with destiny confirming its two years of negotiations to split from the European Union will begin next Wednesday, March 29. Read more

On This Day1802: Matthew Flinders names Kangaroo island in South for the fresh food it provides his crew.

1897:Edmund Barton heads a conference to discuss the proposed constitution for the Commonwealth of .

1923: French mime artist, Marcel Marceau, is born.

1942:Nine Japanese aircraft bomb the town of Katherine in ‘s Northern Territory.

1974:Tasmania records its highest rainfall within a single day.

1987:A barge carrying 3,200 tons of trash leaves New York Harbor in search of a dumping ground, only to return months later, still carrying the trash.

The faces of : Richard TurnerYenda Public School farewelled an icon on Friday afternoon as veteran teacher Richard Turner wrapped up a 37-year career in teaching.

Teaching staff, students and community members paid tribute to Mr Turner’s years of teaching at a community picnic held in his honour, a mark of respect for a man held in high-esteem in education circles.

A “Mr Miyagi” of the teaching community Mr Turner’s mentoring to was invaluable to many teachers irrespective of their experience.Read more

No ‘Americanisation’ of Chinan class action system, says top judge

By admin | 苏州桑拿

Respected Federal Court judge Jonathan Beach has dismissed concerns about the “Americanisation” of ‘s class action system but says challenges remain for the sector.
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Justice Beach told Fairfax Media ahead of the Maurice Blackburn class action symposium in Melbourne on Wednesday that both plaintiff and defendant law firms saw advantages in the current class action regime.

Before joining the bench, Justice Beach had acted in scores of major cases, including representing a defendant in the Kilmore East bushfire class action, Singapore’s SPI Electricity, a subsidiary of SP Ausnet.

The judge has since presided over a number of major cases. He is currently hearing the n Securities and Investments Commission’s highly complex bank bill swap rate actions against Westpac, National Bank, and ANZ.

“People have said if does something similar to the United States there will be unmeritorious claims; that we will open the floodgates to spurious claims,” Justice Beach said.

“The fact of the matter is the n model has not produced all of those vices and there have frankly been very few spurious or unmeritorious claims that have been instituted in .

“The other interesting thing is to look at the statistics. If you look at the US, you’re 15 times more likely to have a class action per listed company than you are in .”

Justice Beach said a key difference was that in the US, the losing party did not have to pay costs.

“But under the n system, costs follow the event. So there’s a real discipline on applicants and their lawyers to make sure they’ve got a viable case, otherwise they will have to pay an adverse costs order,” he said.

Justice Beach said unlike the US system, contingency fees for law firms were currently not allowed in the class action regime. Contingency fee arrangements allow clients to pay lawyers a percentage of the settlement of a dispute rather than hourly rates.

The US system also had civil juries, which had a lot of scope for awarding punitive damages, he said.

However, Justice Beach said the n system was still facing some challenges.

“There probably needs to be increasing scope for judicial scrutiny of settlements, particularly the allocation mechanisms, distributing funds, the administration of settlement scheme,” he said, pointing to the judicial oversight of the bushfires class action settlements.

Justice Beach said other challenges were the need for greater scrutiny of the way class actions were funded, and issues around competing class actions.

“[The latter is] going to be a problem now as it has been in the past,” Justice Beach said.

“Today, as a result of the common fund orders, you might have more open classes but you’ll still have the problem, albeit reduced, of competing class actions and that needs to be looked at.”

A Full Court decision last year in a class action brought against insurer QBE supported orders that in effect allowed for litigation funders’ fees to be worn by all class members who stood to benefit from the proceeding, whether or not they are signed up to a funding arrangement.

Another burgeoning issue was the entrance of new applicant law firms.

“Some of them are less resourced and less experienced and that obviously needs to be a matter that needs to be looked at carefully over time.”

Man awarded $3000 after four-minute dispute over Opal card

By admin | 苏州桑拿

A Sydney man has been awarded $3000 for being stopped by police for four minutes at Liverpool train station, after a court ruled this amounted to false imprisonment.
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Sam Le, 24, was approached by two police officers in January last year and asked to produce his Opal card and pensioner concession card, along with photo identification.

One of the officers told the District Court he suspected Mr Le may have stolen the concession card because he appeared “young and fit” and was “evasive” when asked to hand over his Opal card.

In an exchange captured by Mr Le on his mobile phone, the officer called him a “smart arse” and asked if he “had a problem listening”.

He was told he was not under arrest but was “not leaving” until the officers had verified his identity.

“So this officer is now demanding … my driver’s licence when I’m not even in a car,” Mr Le said in the video.

“Yeah, put it onto whatever social media you want. Be a hero,” the officer replied, after Mr Le said the officer was refusing to tell him his first name.

After four minutes and 15 seconds waiting on the platform while police conducted a radio check, Mr Le was told he was “free to go”.

Mr Le sued the state of NSW in the District Court for false imprisonment and won.

Judge Matthew Dicker said the police officer had an “honest suspicion” the concession card may have been stolen but this was based on “tenuous” rather than “reasonable” grounds.

Mr Le’s apparent youth was “not a fact which could reasonably ground a suspicion that the concession card may have been stolen” and he did not act evasively, Judge Dicker said.

He said police did not have the power to demand commuters hand over more than their Opal card and concession card, unless they did not have their concession card with them and had other “relevant evidence” to support their entitlement to the concession.

Mr Le gave evidence in court he was on a disability pension.

Judge Dicker said there was “no conscious wrongdoing” by the police and their evidence was truthful, although it was “not appropriate” to call Mr Le a “smart arse”.

In contrast, he rejected some of Mr Le’s evidence and said “some caution should be exercised” in accepting it without “independent evidence”.

But he said false imprisonment had been established and awarded Mr Le $3201 in damages including interest.

Judge Dicker said physical constraint or force “does not have to be proved” and Mr Le had established he was “imprisoned through being detained”.

In calculating damages he took into account the “very short period” of detention, along with the fact Mr Le was “not manhandled … or handcuffed” or put in a police cell or van.

Mr Le’s lawyer, Andrea Turner, said commuters were unaware of their legal rights and were handing over their drivers’ licences to police “without anything being suspicious about their concession card and nothing suspicious about their Opal card”.

Mr Le said he brought the case because he wanted to “send a message to the police force that they can’t just approach someone and demand their personal identification … when a person has not committed any offence”.

“There’s no reason for police to approach me demanding my ID [to] do further checks on me,” he said.

A NSW police spokesman said they were “currently reviewing the decision of the court”.

It is the second time Mr Le has sued the state over an incident with police. A 2015 case was settled out of court.

He denied in court that he said to the police officer involved in the earlier incident “thanks for the holiday” and he had “lots of money” as a result of the settlement.

‘Fake news’ – Solly Lew takes lead from Trump

By admin | 苏州桑拿

Retailer Premier Investments chairman Solomon Lew (R), and boss Mark McInnes (L), at Premier Investments AGM, in Richmond, Melbourne. December 2nd 2016. Photo: Daniel Pockett Photo: Daniel PockettRag trade billionaire, Solomon Lew, was in top form on the Premier Investments conference call spruiking its half-year results.
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Sol and his top lieutenant, Mark McInnes, were asked if there was any truth to reports Just Group executive director, Colette Garnsey, was leaving to head up Woolworths basket case, Big W.

“We don’t comment on fake news,” said Sol channelling his inner Donald Trump.

Presumably Sol puts the endless reporting of Amazon’s imminent arrival in the same category.

Even if Garnsey was tempted to try her luck at Woolies – where so many good careers have come unstuck in recent years – it might just trigger another Trump response from Lew: Litigation.

It was only five months ago that Lew lost a multimillion-dollar court battle to prevent former chief financial officer, Nicole Peck, from jumping ship to join Cotton On. She had been at Premier Investments for only five months.

Just Group had alleged Ms Peck’s contract restrained her from working for a list of 50 other retailers for up to 24 months.

But the judge said the restraint clause in Peck’s contract was so broad she was restrained from companies that did not even compete with Lew’s crew. Not so Black

The news China is backing down from its crackdown on cross-border e-commerce, which had smashed the share prices of n companies such as Blackmores and Bellamy’s, provided some redemption for these companies that did so well betting on the booming Chinese middle class.

But it will be a long way back to the heady heights of January 2016 when Blackmores’ stock topped $220.

The strong boost on Tuesday sent Blackmores shares up 13 per cent to around $113.

It was enough to restore more than $50 million to the net worth of its chairman Marcus Blackmore, and it also means the shares acquired last month by CEO Christine Holgate are back in the money. As far as CBD can tell, it is her first share purchase since she sold $4 million of stock in November 2015 ahead of her wedding. No go Harvey

Gerry Harvey’s retail operation Harvey Norman has no explanation for why its shares tanked badly on Monday.

The company responded on Tuesday to a please explain notice from the ASX following the 8 per cent stock drop that wiped hundreds of millions of dollars from its market cap with no obvious explanation.

Sure, there was the announcement on Monday that veteran Harvey Norman executive, David Matthew Ackery, had sold $1.5 million of shares. He used some of the funds to pay off an ANZ loan that was secured against his stake in the retailer.

It was the second share sale by a director in less than a week, with Gerry’s wife, Harvey Norman CEO Katie Page, selling some stock last week to pay a tax bill.

Trading in the stock had been heavy since she announced her sale.

The other news of interest on Monday was research from Credit Suisse predicting who would be road kill when Amazon finally comes to town.

Harvey Norman gets a mention, but the impact would not be as bad for the retail giant as it would be for rival businesses such as JB Hi-Fi, Myer and Super Retail.

Harvey Norman is probably the best insulated from any Amazon threat, according to the Credit Suisse report.

Could it be the markets got scared by a report in Saturday’s AFR Weekend by Neil Chenoweth?

It raised fresh questions about the byzantine structure that governs Harvey Norman’s franchisee business and the transparency of the company’s accounts.

Especially in relation to the jaw-dropping 110 franchise operations which fail each year, and how the losses of these failed shops are recorded in its accounts.

Harvey Norman offered a typically blunt response.

“The AFR article makes false statements and assumptions and then proceeds to make assertions and draw conclusions, which are also false, based upon those false statements and assumptions.”

We might not have found an explanation for the rout, but we sure have found a sore spot on Gerry’s rump.

Follow CBD on Twitter. Got a tip? [email protected]苏州夜总会招聘.au

Theresa May follows Donald Trump’s laptop and tablet ban on flights from the Middle East

By admin | 苏州桑拿

1. UK ban
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Not for the first time the nature of international travel is changing dramatically because of the threat of radical Islamic terrorism.

For many, gone are the days of watching your movies on your tablet or laptop, finishing that speech, writing that presentation or editing that scuba diving video with the changes announced today.

The United Kingdom is following in the footsteps of the United States in banning laptops and any devices larger than a phone from the cabin hold for inbound flights from Turkey, Lebanon, Jordan, Egypt, Tunisia, Saudi Arabia.

The ban applies to UK carriers: British Airways, EasyJet, Jet2苏州夜总会招聘, Monarch, Thomas Cook and Thomson as well as foreign carriers Turkish Airlines, Pegasus Airways, Atlas-Global Airlines, Middle East Airlines, Egyptair, Royal Jordanian, Tunis Air and Saudi.[Reuters]

Prime Minister May signed off on the ban earlier on Tuesday.

The BBC’s Home Affairs correspondent Daniel Sandford says the Brit’s move is clearly in line with that of the United States. [BBC] 2. ‘Unpleasant corner of hell’

Northern Ireland’s Former Deputy First Minister Martin McGuinness. Photo: Charles McQuillan

The body of the ex-IRA turned political leader’s body was returned home to Derry in Northern Ireland overnight. [BBC]

Tributes from all corners have dominated the day in Britain for Martin McGuinness. Perhaps the most striking has been the one paid by a former Tory minister, whose wife was paralysed in the 1984 Brighton bombing.

“I hope that his [Catholic] beliefs turn out to be true and he’ll be parked in a particularly hot and unpleasant corner of hell for the rest of eternity,” said Lord Noman Tebbit. [Sky News UK] 3. Aust politics

Prime Minister Malcolm Turnbull and Attorney-General Senator George Brandis. Photo: Andrew Meares

Prime Minister Malcolm Turnbull is hitting the phones to reassure ethnic communities over proposed changes to the Racial Discrimination Act, report James Massola and David Wroe. [Fairfax]

Turnbull backed free speech and reforming 18c before he won the leadership in a clear nod to conservatives but Laura Tingle believes voters will hold “genuine rage” and think the PM has ‘once again abandoned his perceived views” with the Cabinet’s decision on the RDA. [Financial Review]

The urbane Member for Wentworth, whom many in the Liberal party consider is chiefly advised by his formidable wife Lucy Turnbull, “Malsplains” when questioned about the changes by a female Labor MP, according to Fleur Anderson. [Financial Review]

And the changes could cost seats, say “party insiders”.[Philip Coorey/Financial Review] with a “broad range of ethnicities” opposed, says The Guardian. [Katharine Murphy and Christopher Knaus]

Arthur Sinodinos has been copping heat ever since he said One Nation in 2017 are “more sophisticated” than they were two decades ago but will today liken the fringe party’s views on vaccinations to that of their stance on climate change science.

But what is troubling for Sinodinos is that One Nation’s views on climate change science are shared by many in his own party. [Laura Tingle/Financial Review]

The government will split in two its proposals to make savings, in a bid to get at least some passed ahead of the May budget. [ABC] 4. Hezbollah leader killed by his own

A big story in Middle Eastern politics with Israel claiming to verify reports that Hezbollah, the Lebanese militant Shia group, killed its own leader Mustafa Amine Badreddine in Syria.

Hezbollah blamed Sunni extremists. Israel is an enemy of Hezbollah and has an interest in trying to feed division within the organisation. [BBC] 5. Twitter shuts down terrorists

The social media company has been the target of governments ever since jihadists began setting up Twitter accounts to spread their propaganda to potential recruits.

But the company’s latest transparency report says Twitter shut down a total 376,890 terrorist accounts in just six months. [Liat Clark/Wired]6. Red Apples

Apple has quietly debuted special edition red iPhones and iPads [Dave Gershgorn/Quartz] and a video app with a voice-to-subtitles feature called Clips [Lauren Goode/The Verge].

It is the first update to the iPad since 2014, which peaked in terms of sales in 2013 and has been declining ever since. [Shira Ovide/Bloomberg]

But the tech giant’s long-term project is augmented reality (eg Pok??mon Go is AR). [Mark Gurman/Bloomberg]

Ever since I went android (first Samsung now Pixel) in 2015 I’m so meh about Apple but happy to hear your thoughts on iOs v Android.

And that’s it from me today, you can follow me on Facebook for more.

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